NIW Bearings
dismissedOCT032023_02B52032023-10-03 · appeal · Nebraska Service Center

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The Petitioner, a marketing manager, sought to operate a startup marketing consultancy in the United States.

Field: marketing consultancy · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner did not establish that her proposed endeavor has national importance and thus, she did not meet the national importance requirement of the first prong
we find that the Director correctly determined that the breadth of implications of the Petitioner's endeavor is limited to the Petitioner, her company, and her prospective clients.
neither demonstrates the endeavor's potential to create substantial positive impact for the regional or national economy.

AAO decision text

How the evidence was treated

  • business plan · discounted
    neither demonstrates the endeavor's potential to create substantial positive impact for the regional or national economy
    AAO decision text
  • resume experience · discounted
    neither the Petitioner's credentials nor the articles address her specific endeavor or establish that the endeavor has national importance
    AAO decision text
  • other · discounted
    neither the Petitioner's credentials nor the articles address her specific endeavor or establish that the endeavor has national importance
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO corrects Petitioner's mischaracterization of the legal standard, clarifying there is no 'national interest' standard distinct from national importance, no requirement of 'global implications,' and no 'established list' of national importance criteria; also rejects vague argument that Director applied wrong evidentiary standard.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • Chen v. INS
  • Matter of L-A-C-

Cases in adjacent profiles